What happens if I leave the US BEFORE my I-94 expiry and while my change of status application is pending?

Brainerd, MN | January 29, 2013 4:19am

I applied for change of status from B1 (multiple entry) to F1 and presently waiting for results. However, I am afraid of the consequences of receiving a denied application AFTER my I-94 expires (from what I had been reading, the consequences are out of status and cancellation of multiple entry visa). May I know what happens if I leave BEFORE my I-94 expiry? Will my multiple entry B1 still be valid? Thanks!

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

Yes you can re enter if you leave prior. Just be careful that CPB does not deny your entry for other reasons.

Patrick Caston Crowley, Esq. (718-769-6352)
Law Offices of Marina Shepelsky, P.C.
2306 Coney Island Avenue, 2nd Floor
Brooklyn, NY 11223
The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.